| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S119975
|
People v. Athar
Sentence enhancement for money laundering may be imposed even though defendant is convicted of only conspiracy to engage in money laundering. |
Criminal Law and Procedure |
|
Oct. 10, 2005 | |
|
S118180
|
People v. Martinez
State agency seeking to recover costs for clean-up of drug lab must bring claim under Health and Safety Code. |
Criminal Law and Procedure |
|
Oct. 10, 2005 | |
|
S123238
|
MW Erectors Inc. v. Niederhauser Ornamental and Metal Works Co. Inc.
Contractor must be licensed at all times while performing work in order to recover compensation under contract. |
Contracts |
|
Oct. 10, 2005 | |
|
B172979
|
Lincoln Place Tenants Assn. v. City of Los Angeles (Los Angeles Lincoln Place Investors Ltd.)
Owners of apartment complex cannot begin demolition without complying with conditions attached to redevelopment project approval. |
Environmental Law |
|
Oct. 10, 2005 | |
|
H026546
|
People v. Jiang
Police interpreter did not adequately inform Mandarin speaker of his Miranda rights. |
Criminal Law and Procedure |
|
Oct. 10, 2005 | |
|
H027436
|
Siam v. Kizilbash
Malicious prosecution suit may not be based on unsuccessful civil harassment petition. |
Torts |
|
Oct. 10, 2005 | |
|
B180788
|
Franklin Mint Co. v. Superior Court (Manatt, Phelps & Phillips)
Settlement that provides for $25 million to charities does not lead to $25 million reduction in liability of remaining defendants. |
Civil Procedure |
|
Oct. 10, 2005 | |
|
E036180
|
People v. Rege
Search of area immediately accessible to suspect incident to her arrest did not violate Fourth Amendment. |
Criminal Law and Procedure |
|
Oct. 10, 2005 | |
|
B172385
|
People v. Banuelos
Court finding that defendant's prior assault qualified as serious felony for sentencing purposes was not supported by record. |
Criminal Law and Procedure |
|
Oct. 10, 2005 | |
|
B170163
|
Scottsdale Insurance Co. v. State Farm Mutual Automobile Insurance Co.
Policy's exclusion for bodily injury did not bar coverage for insured's employee's injury under policy. |
Insurance |
|
Oct. 10, 2005 | |
|
03-56750
|
U.S. v. Thomas
Defense counsel's concession of defendant's guilt on robbery charge was not presumptively prejudicial. |
Criminal Law and Procedure |
|
Oct. 10, 2005 | |
|
04-55912
|
Circuit City Stores Inc. v. Mantor
Recent caselaw does not allow employer to bring 'renewed' petition to compel arbitration. |
Civil Procedure |
|
Oct. 10, 2005 | |
|
S112386
|
Wasatch Property Management v. Degrate
Landlord seeking to terminate lease of low-income tenant with Section 8 benefits must provide 90 days' notice. |
Real Property |
|
Oct. 10, 2005 | |
|
03-50244
|
U.S. v. Rivera-Sillas
Illegal alien is not entitled to counsel at deportation hearing. |
Immigration |
|
Oct. 10, 2005 | |
|
03-70531
|
Martinez-Perez v. Gonzales
Grand theft conviction that involved taking of personal property and no co-defendants qualifies as aggravated felony. |
Immigration |
|
Oct. 10, 2005 | |
|
01-56367
|
Gaston v. Palmer
Deadline for federal habeas petition is tolled during interval between dismissal of one state habeas petition and filing of another. |
Criminal Law and Procedure |
|
Oct. 10, 2005 | |
|
04-70945
|
Zolotukhin v. Gonzales
Court's refusal to permit testimony of relevant witnesses at removal proceeding violated alien's due process rights. |
Immigration |
|
Oct. 10, 2005 | |
|
04-50055
|
U.S. v. Dupas
Supreme Court holding making Sentencing Guidelines advisory may be applied retroactively. |
Criminal Law and Procedure |
|
Oct. 10, 2005 | |
|
04-30219
|
U.S. v. Brown
Defendant's enhanced sentence on account of prior convictions did not violate his right to jury trial. |
Criminal Law and Procedure |
|
Oct. 10, 2005 | |
|
04-30062
|
U.S. v. Dowd
Court may impose consecutive sentence after evaluating factors outlined in federal sentencing guidelines. |
Criminal Law and Procedure |
|
Oct. 10, 2005 | |
|
03-16874
|
San Carlos Apache Tribe v. United States
Sovereign immunity prevents Native American tribe from suing federal government for violating environmental laws. |
Government |
|
Oct. 10, 2005 | |
|
B173872
|
Leegin Creative Leather Products Inc. v. Carolina Santiaguin Diaz
Employer cannot establish justifiable reliance or damage in its claim that employee filed fraudulent workers' compensation claim. |
Workers' Compensation |
|
Oct. 10, 2005 | |
|
04-1533
|
Alcove Investment Inc. v. Conceicao (In re Conceicao)
Creditor's first judgment was inadequate to create lien when debtors' social security numbers were omitted from abstract. |
Bankruptcy |
|
Oct. 10, 2005 | |
|
A093538
|
Wise v. Pacific Gas and Electric Co.
Close of investigation by utility commission did not bar customers from suing public utility. |
Administrative Agencies |
|
Oct. 10, 2005 | |
|
S122031
|
People v. Alexander
Order |
|
Oct. 10, 2005 | ||
|
S120424
|
People v. Apodaca
Order |
|
Oct. 10, 2005 | ||
|
03-17068
|
Jackson v. CA Dept. of Mental Health
Petitioner who recommitted himself as sexually violent predator does not have standing to challenge prior commitment. |
Civil Procedure |
|
Oct. 9, 2005 | |
|
B156613
|
Bustamonte v. Flores
Judgment obtained by son for wrongful death of mother is not subject to Medi-Cal lien. |
Torts |
|
Oct. 5, 2005 | |
|
02-50252
|
U.S. v. Tarallo
Telemarketer's conviction for securities fraud based on vicarious liability theory is not supported by sufficient evidence. |
Securities |
|
Oct. 5, 2005 | |
|
02-73837
|
Unuakhaulu v. Ashcroft
District court has jurisdiction to review immigration board's nondiscretionary denial of relief under Convention Against Torture. |
Immigration |
|
Oct. 5, 2005 |